Litigation options for breach of contract (Sedo) with other party in Switzerland

[Theo]

Summary:

A buyer at Sedo refuses to pay after agreement is reached, claiming that after the agreement his "committee" found the agreed upon price to be too high. Sedo had to cancel the transaction for non-payment and released his info to me.

What are my options with regards to enforcing a breach of contract in Switzerland?

 

[acronym007]

Sorry to hear about that Theo.

I just had a seller cancel a deal on me after an auction.

What a waste of time, in both instances.

With this situation and your wealth of experience in the domain business do you think there will be a cost effective way to enforce this? Is it a large amount?

Best of luck.

 

[DN BROKER]

Summary:

A buyer at Sedo refuses to pay after agreement is reached, claiming that after the agreement his "committee" found the agreed upon price to be too high. Sedo had to cancel the transaction for non-payment and released his info to me.

What are my options with regards to enforcing a breach of contract in Switzerland?

I recommend you expose this scumbag and his organization.

 

[Theo]

Currently I am looking into the practical aspect of a litigation: can the Sedo contract be enforced in Switzerland? If it does, I am looking into 5 figures.

 

[DN BROKER]

Currently I am looking into the practical aspect of a litigation: can the Sedo contract be enforced in Switzerland? If it does, I am looking into 5 figures.

I hope you get these scumbags

 

[domaingenius]

Currently I am looking into the practical aspect of a litigation: can the Sedo contract be enforced in Switzerland? If it does, I am looking into 5 figures.

Interesting to see you mention Switzerland, as I have just been researching
legal procedures related to there and I can tell you, it is a pain in the arse
Country to deal with as it is not like any other European Country and
since it did not join the EU it is on its own. They will NOT let anyone
do anything legal themselves ,as we can here in rest of Europe, and
insist on their authorities handling EVERY aspect of the case including service
of documents etc. I am looking at it because WIPO is based there.

If you get any interesting legal info regarding proceedings there etc please
let us know.

DG

 

[domaingenius]

Currently I am looking into the practical aspect of a litigation: can the Sedo contract be enforced in Switzerland? If it does, I am looking into 5 figures.

I have been researching the question of Switzerland jurisdiction as
put WIPO in my sights at same time as saving my domain from
"theft" by WIPO. It is possible to sue a Swiss party in the Country
in which the damage is caused under a contract. You could obtain
Judgment in your home Country and then enforce in Switzerland.
Enforcement of Judgment in Switzerland would be through Swiss Courts of
course.
See this case about Jurisdiction matters;
http://www.bailii.org/cgi-bin/marku...y=switzerland+and+jurisdiction&method=boolean

Oh and by chance I found this site which is interesting and
very true;
http://wipo.org.uk/

Oh yes, and I think that the Complainant in my case made mistake when
he chose Germany as Jurisdiction because I now have found a lawyer
in Germany specialises in IP rights, finds this case interesting and
can obtain Legal Aid for me to get injunction and then fight the case.
For those who dont know, obtaining Legal Aid in any Country in
Europe ,other than UK which is fascist Labour Govt, is easy even
for such civil cases. Cannot say more but know from past experience.
Also ,because some of these countries dont allow access to
litigants in person it is incumbent upon the Courts to grant you
access and if cannot pay lawyer then they will.

DG

 

[typist]

Initial enforcement of a debt in Switzerland is relatively straight forward. You simply file a claim with the "Betreibungsamt" of the municipality where the company is registered. You do not need any proof at this time, cost is around 100-200$ for a claim of the size you are talking abiut. A clerk will then issue an order to pay ("Zahlungsbefehl"). The other party has around 10 days to pay or to dispute the claim ("Rechtsvorschlag"). If they dispute the claim you will need to continue with formal proceedings in a regular court, a more complex and costly procedure.

I am not in a position to make any recommendations about such formal court action in Switzerland, but a "Zahlungsbefehl" is a relatively cost-effective reminder, and can often often contribute to a quick resolution.

@MIR:

I recommend you expose this scumbag and his organization.

let me guess: http://www.dnforum.com/f427/searching-big-portfolios-single-domains-always-buying-thread-259778.html

Sedo being a scumbag organization is nothing new btw.

@domaingenius:

I have been researching the question of Switzerland jurisdiction as
put WIPO in my sights at same time as saving my domain from
"theft" by WIPO.

I hope you were not planning to sue WIPO, which as an intergovernmental organization enjoys immunity under international law and their host country agreement with Switzerland.

@ Acro - you can file your claim online, in French, German or Italian, here: https://www.e-service.admin.ch/eschkg/cms/

 

[domaingenius]

I hope you were not planning to sue WIPO, which as an intergovernmental organization enjoys immunity under international law and their host country agreement with Switzerland.

Typist, please couldyou point me to where that is stated anywhere ?.
I wonder if such immunity extends to its operation of the UDRP
rip off and if so why do they then bother with clause 12 of
their supplementary rules if that is case ?.

Thanks
DG

 

[typist]

Clause 12 exists because the rules were written by lawyers, in their mind it never hurts to codify the same thing multiple times.

The immunity of international organizations, similar to sovereign immunity, is based on customary international law, and usually codified into national law, eg the US INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT, 29 DECEMBER 1945.

If you can't find the information, try a google search
This paper is a good place to start if you want a current update on nitty gritty aspects of IMMUNITY OF INTERNATIONAL ORGANISATIONS AND ALTERNATIVE REMEDIES.

Sorry for the shouting here, the upper case is just copy and paste.

As for WIPO, their relationship with Switzerland (including Swiss courts), is governed by the Agreement on Privileges and Immunities of the United Nations concluded on 19 April 1946

You would not be the first to try to take the UN to court, and I am no expert on this matter, but I can assure you that your chances are as close to non-existent as it gets.

 

[domaingenius]

Clause 12 exists because the rules were written by lawyers, in their mind it never hurts to codify the same thing multiple times.

The immunity of international organizations, similar to sovereign immunity, is based on customary international law, and usually codified into national law, eg the US INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT, 29 DECEMBER 1945.

If you can't find the information, try a google search
This paper is a good place to start if you want a current update on nitty gritty aspects of IMMUNITY OF INTERNATIONAL ORGANISATIONS AND ALTERNATIVE REMEDIES.

Sorry for the shouting here, the upper case is just copy and paste.

As for WIPO, their relationship with Switzerland (including Swiss courts), is governed by the Agreement on Privileges and Immunities of the United Nations concluded on 19 April 1946

You would not be the first to try to take the UN to court, and I am no expert on this matter, but I can assure you that your chances are as close to non-existent as it gets.

Thanks for that. But their immunity does not surely mean that I
HAVE to undertake to be bound by their Rule 12 if I do not choose
to ,does it ?. It also does not make the clause fair or reasonable
either. Perhaps ?? therefore I could forget about "going for" WIPO
so much as going for their rules and unfairness of them under the
HRA ??

DG

 

[Theo]

Thank you all for your feedback. At this point, Sedo has banned the buyer from any further transactions on their marketplace.

 

[dvdrip]

I am sorry Theo. Was this your "unreal" big sale?

 

[Theo]

No, that was last year.

 

[jberryhill]

Currently I am looking into the practical aspect of a litigation: can the Sedo contract be enforced in Switzerland?

If you were using Sedo, and they were using Sedo, then both parties had agreed to Sedo's terms of service, which assigns venue to the UK for Sedo.co.uk and to Massachusetts for Sedo.com, for disputes arising from Sedo's terms of service.

I had a situation a while back in which Afternic had made a listing error which a "buyer" exploited and claimed to have made a binding sale contract. The "buyer" brought suit against my client in California, where the buyer was located. We successfully had the case dismissed on the ground that the agreement was made in Florida per Afternic's terms of service.

 

[Theo]

Thank you, John. The transaction and agreement was reached at Sedo. At this point I am considering my options. What is the legal name for an "ultimatum" letter sent by a lawyer prior to filing a lawsuit?

 

[dvdrip]

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